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Shown Here:Public Law No: 104-65 (12/19/1995)

[104th Congress Public Law 65]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ65.104]
Public Law 104-65
104th Congress
An Act
To provide for the disclosure of lobbying activities to influence the
Federal Government, and for other purposes. <<NOTE: Dec. 19, 1995 - [S.
1060]>>
Be it enacted by the Senate and House of Representatives of the
United <<NOTE: Lobbying Disclosure Act of 1995. Public information.>>
States of America in Congress assembled,
SECTION 1. <<NOTE: 2 USC 1601 note.>> SHORT TITLE.
This Act may be cited as the ``Lobbying Disclosure Act of 1995''.
SEC. 2. <<NOTE: 2 USC 1601.>> FINDINGS.
The Congress finds that--
(1) responsible representative Government requires public
awareness of the efforts of paid lobbyists to influence the
public decisionmaking process in both the legislative and
executive branches of the Federal Government;
(2) existing lobbying disclosure statutes have been
ineffective because of unclear statutory language, weak
administrative and enforcement provisions, and an absence of
clear guidance as to who is required to register and what they
are required to disclose; and
(3) the effective public disclosure of the identity and
extent of the efforts of paid lobbyists to influence Federal
officials in the conduct of Government actions will increase
public confidence in the integrity of Government.
SEC. 3. <<NOTE: 2 USC 1602.>> DEFINITIONS.
As used in this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551(1) of title 5, United States Code.
(2) Client.--The term ``client'' means any person or entity
that employs or retains another person for financial or other
compensation to conduct lobbying activities on behalf of that
person or entity. A person or entity whose employees act as
lobbyists on its own behalf is both a client and an employer of
such employees. In the case of a coalition or association that
employs or retains other persons to conduct lobbying activities,
the client is the coalition or association and not its
individual members.
(3) Covered executive branch official.--The term ``covered
executive branch official'' means--
(A) the President;
(B) the Vice President;
(C) any officer or employee, or any other individual
functioning in the capacity of such an officer or
employee, in the Executive Office of the President;
(D) any officer or employee serving in a position in
level I, II, III, IV, or V of the Executive Schedule, as
designated by statute or Executive order;
(E) any member of the uniformed services whose pay
grade is at or above O-7 under section 201 of title 37,
United States Code; and
(F) any officer or employee serving in a position of
a confidential, policy-determining, policy-making, or
policy-advocating character described in section
7511(b)(2) of title 5, United States Code.
(4) Covered legislative branch official.--The term ``covered
legislative branch official'' means--
(A) a Member of Congress;
(B) an elected officer of either House of Congress;
(C) any employee of, or any other individual
functioning in the capacity of an employee of--
(i) a Member of Congress;
(ii) a committee of either House of Congress;
(iii) the leadership staff of the House of
Representatives or the leadership staff of the
Senate;
(iv) a joint committee of Congress; and
(v) a working group or caucus organized to
provide legislative services or other assistance
to Members of Congress; and
(D) any other legislative branch employee serving in
a position described under section 109(13) of the Ethics
in Government Act of 1978 (5 U.S.C. App.).
(5) Employee.--The term ``employee'' means any individual
who is an officer, employee, partner, director, or proprietor of
a person or entity, but does not include--
(A) independent contractors; or
(B) volunteers who receive no financial or other
compensation from the person or entity for their
services.
(6) Foreign entity.--The term ``foreign entity'' means a
foreign principal (as defined in section 1(b) of the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611(b)).
(7) Lobbying activities.--The term ``lobbying activities''
means lobbying contacts and efforts in support of such contacts,
including preparation and planning activities, research and
other background work that is intended, at the time it is
performed, for use in contacts, and coordination with the
lobbying activities of others.
(8) Lobbying contact.--
(A) Definition.--The term ``lobbying contact'' means
any oral or written communication (including an
electronic communication) to a covered executive branch
official or a covered legislative branch official that
is made on behalf of a client with regard to--
(i) the formulation, modification, or adoption
of Federal legislation (including legislative
proposals);
(ii) the formulation, modification, or
adoption of a Federal rule, regulation, Executive
order, or any other program, policy,
or position of the United States Government;
(iii) the administration or execution of a
Federal program or policy (including the
negotiation, award, or administration of a Federal
contract, grant, loan, permit, or license); or
(iv) the nomination or confirmation of a
person for a position subject to confirmation by
the Senate.
(B) Exceptions.--The term ``lobbying contact'' does
not include a communication that is--
(i) made by a public official acting in the
public official's official capacity;
(ii) made by a representative of a media
organization if the purpose of the communication
is gathering and disseminating news and
information to the public;
(iii) made in a speech, article, publication
or other material that is distributed and made
available to the public, or through radio,
television, cable television, or other medium of
mass communication;
(iv) made on behalf of a government of a
foreign country or a foreign political party and
disclosed under the Foreign Agents Registration
Act of 1938 (22 U.S.C. 611 et seq.);
(v) a request for a meeting, a request for the
status of an action, or any other similar
administrative request, if the request does not
include an attempt to influence a covered
executive branch official or a covered legislative
branch official;
(vi) made in the course of participation in an
advisory committee subject to the Federal Advisory
Committee Act;
(vii) testimony given before a committee,
subcommittee, or task force of the Congress, or
submitted for inclusion in the public record of a
hearing conducted by such committee, subcommittee,
or task force;
(viii) information provided in writing in
response to an oral or written request by a
covered executive branch official or a covered
legislative branch official for specific
information;
(ix) required by subpoena, civil investigative
demand, or otherwise compelled by statute,
regulation, or other action of the Congress or an
agency;
(x) made in response to a notice in the
Federal Register, Commerce Business Daily, or
other similar publication soliciting
communications from the public and directed to the
agency official specifically designated in the
notice to receive such communications;
(xi) not possible to report without disclosing
information, the unauthorized disclosure of which
is prohibited by law;
(xii) made to an official in an agency with
regard to--
(I) a judicial proceeding or a
criminal or civil law enforcement
inquiry, investigation, or proceeding;
or
(II) a filing or proceeding that the
Government is specifically required by
statute or regulation to maintain or
conduct on a confidential basis,
if that agency is charged with responsibility for
such proceeding, inquiry, investigation, or
filing;
(xiii) made in compliance with written agency
procedures regarding an adjudication conducted by
the agency under section 554 of title 5, United
States Code, or substantially similar provisions;
(xiv) a written comment filed in the course of
a public proceeding or any other communication
that is made on the record in a public proceeding;
(xv) a petition for agency action made in
writing and required to be a matter of public
record pursuant to established agency procedures;
(xvi) made on behalf of an individual with
regard to that individual's benefits, employment,
or other personal matters involving only that
individual, except that this clause does not apply
to any communication with--
(I) a covered executive branch
official, or
(II) a covered legislative branch
official (other than the individual's
elected Members of Congress or employees
who work under such Members' direct
supervision),
with respect to the formulation, modification, or
adoption of private legislation for the relief of
that individual;
(xvii) a disclosure by an individual that is
protected under the amendments made by the
Whistleblower Protection Act of 1989, under the
Inspector General Act of 1978, or under another
provision of law;
(xviii) made by--
(I) a church, its integrated
auxiliary, or a convention or
association of churches that is exempt
from filing a Federal income tax return
under paragraph 2(A)(i) of section
6033(a) of the Internal Revenue Code of
1986, or
(II) a religious order that is
exempt from filing a Federal income tax
return under paragraph (2)(A)(iii) of
such section 6033(a); and
(xix) between--
(I) officials of a self-regulatory
organization (as defined in section
3(a)(26) of the Securities Exchange Act)
that is registered with or established
by the Securities and Exchange
Commission as required by that Act or a
similar organization that is designated
by or registered with the Commodities
Future Trading Commission as provided
under the Commodity Exchange Act; and
(II) the Securities and Exchange
Commission or the Commodities Future
Trading Commission, respectively;
relating to the regulatory responsibilities of
such organization under that Act.
(9) Lobbying firm.--The term ``lobbying firm'' means a
person or entity that has 1 or more employees who are lobbyists
on behalf of a client other than that person or entity. The term
also includes a self-employed individual who is a lobbyist.
(10) Lobbyist.--The term ``lobbyist'' means any individual
who is employed or retained by a client for financial or other
compensation for services that include more than one lobbying
contact, other than an individual whose lobbying activities
constitute less than 20 percent of the time engaged in the
services provided by such individual to that client over a six
month period.
(11) Media organization.--The term ``media organization''
means a person or entity engaged in disseminating information to
the general public through a newspaper, magazine, other
publication, radio, television, cable television, or other
medium of mass communication.
(12) Member of congress.--The term ``Member of Congress''
means a Senator or a Representative in, or Delegate or Resident
Commissioner to, the Congress.
(13) Organization.--The term ``organization'' means a person
or entity other than an individual.
(14) Person or entity.--The term ``person or entity'' means
any individual, corporation, company, foundation, association,
labor organization, firm, partnership, society, joint stock
company, group of organizations, or State or local government.
(15) Public official.--The term ``public official'' means
any elected official, appointed official, or employee of--
(A) a Federal, State, or local unit of government in
the United States other than--
(i) a college or university;
(ii) a government-sponsored enterprise (as
defined in section 3(8) of the Congressional
Budget and Impoundment Control Act of 1974);
(iii) a public utility that provides gas,
electricity, water, or communications;
(iv) a guaranty agency (as defined in section
435(j) of the Higher Education Act of 1965 (20
U.S.C. 1085(j))), including any affiliate of such
an agency; or
(v) an agency of any State functioning as a
student loan secondary market pursuant to section
435(d)(1)(F) of the Higher Education Act of 1965
(20 U.S.C. 1085(d)(1)(F));
(B) a Government corporation (as defined in section
9101 of title 31, United States Code);
(C) an organization of State or local elected or
appointed officials other than officials of an entity
described in clause (i), (ii), (iii), (iv), or (v) of
subparagraph (A);
(D) an Indian tribe (as defined in section 4(e) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e));
(E) a national or State political party or any
organizational unit thereof; or
(F) a national, regional, or local unit of any
foreign government.
(16) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 4. <<NOTE: 2 USC 1603.>> REGISTRATION OF LOBBYISTS.
(a) Registration.--
(1) General rule.--No later than 45 days after a lobbyist
first makes a lobbying contact or is employed or retained to
make a lobbying contact, whichever is earlier, such lobbyist
(or, as provided under paragraph (2), the organization employing
such lobbyist), shall register with the Secretary of the Senate
and the Clerk of the House of Representatives.
(2) Employer filing.--Any organization that has 1 or more
employees who are lobbyists shall file a single registration
under this section on behalf of such employees for each client
on whose behalf the employees act as lobbyists.
(3) Exemption.--
(A) General rule.--Notwithstanding paragraphs (1)
and (2), a person or entity whose--
(i) total income for matters related to
lobbying activities on behalf of a particular
client (in the case of a lobbying firm) does not
exceed and is not expected to exceed $5,000; or
(ii) total expenses in connection with
lobbying activities (in the case of an
organization whose employees engage in lobbying
activities on its own behalf) do not exceed or are
not expected to exceed $20,000,
(as estimated under section 5) in the semiannual period
described in section 5(a) during which the registration
would be made is not required to register under
subsection (a) with respect to such client.
(B) Adjustment.--The dollar amounts in subparagraph
(A) shall be adjusted--
(i) on January 1, 1997, to reflect changes in
the Consumer Price Index (as determined by the
Secretary of Labor) since the date of enactment of
this Act; and
(ii) on January 1 of each fourth year
occurring after January 1, 1997, to reflect
changes in the Consumer Price Index (as determined
by the Secretary of Labor) during the preceding 4-
year period,
rounded to the nearest $500.
(b) Contents of Registration.--Each registration under this section
shall contain--
(1) the name, address, business telephone number, and
principal place of business of the registrant, and a general
description of its business or activities;
(2) the name, address, and principal place of business of
the registrant's client, and a general description of its
business or activities (if different from paragraph (1));
(3) the name, address, and principal place of business of
any organization, other than the client, that--
(A) contributes more than $10,000 toward the
lobbying activities of the registrant in a semiannual
period described in section 5(a); and
(B) in whole or in major part plans, supervises, or
controls such lobbying activities.
(4) the name, address, principal place of business, amount
of any contribution of more than $10,000 to the lobbying
activities of the registrant, and approximate percentage of
equitable ownership in the client (if any) of any foreign entity
that--
(A) holds at least 20 percent equitable ownership in
the client or any organization identified under
paragraph (3);
(B) directly or indirectly, in whole or in major
part, plans, supervises, controls, directs, finances, or
subsidizes the activities of the client or any
organization identified under paragraph (3); or
(C) is an affiliate of the client or any
organization identified under paragraph (3) and has a
direct interest in the outcome of the lobbying activity;
(5) a statement of--
(A) the general issue areas in which the registrant
expects to engage in lobbying activities on behalf of
the client; and
(B) to the extent practicable, specific issues that
have (as of the date of the registration) already been
addressed or are likely to be addressed in lobbying
activities; and
(6) the name of each employee of the registrant who has
acted or whom the registrant expects to act as a lobbyist on
behalf of the client and, if any such employee has served as a
covered executive branch official or a covered legislative
branch official in the 2 years before the date on which such
employee first acted (after the date of enactment of this Act)
as a lobbyist on behalf of the client, the position in which
such employee served.
(c) Guidelines for Registration.--
(1) Multiple clients.--In the case of a registrant making
lobbying contacts on behalf of more than 1 client, a separate
registration under this section shall be filed for each such
client.
(2) Multiple contacts.--A registrant who makes more than 1
lobbying contact for the same client shall file a single
registration covering all such lobbying contacts.
(d) Termination of Registration.--A registrant who after
registration--
(1) is no longer employed or retained by a client to conduct
lobbying activities, and
(2) does not anticipate any additional lobbying activities
for such client,
may so notify the Secretary of the Senate and the Clerk of the House of
Representatives and terminate its registration.
SEC. 5. <<NOTE: 2 USC 1604.>> REPORTS BY REGISTERED LOBBYISTS.
(a) Semiannual Report.--No later than 45 days after the end of the
semiannual period beginning on the first day of each January and the
first day of July of each year in which a registrant is registered under
section 4, each registrant shall file a report with the Secretary of the
Senate and the Clerk of the House of Representatives on its lobbying
activities during such semiannual period. A separate report shall be
filed for each client of the registrant.
(b) Contents of Report.--Each semiannual report filed under
subsection (a) shall contain--
(1) the name of the registrant, the name of the client, and
any changes or updates to the information provided in the
initial registration;
(2) for each general issue area in which the registrant
engaged in lobbying activities on behalf of the client during
the semiannual filing period--
(A) a list of the specific issues upon which a
lobbyist employed by the registrant engaged in lobbying
activities, including, to the maximum extent
practicable, a list of bill numbers and references to
specific executive branch actions;
(B) a statement of the Houses of Congress and the
Federal agencies contacted by lobbyists employed by the
registrant on behalf of the client;
(C) a list of the employees of the registrant who
acted as lobbyists on behalf of the client; and
(D) a description of the interest, if any, of any
foreign entity identified under section 4(b)(4) in the
specific issues listed under subparagraph (A);
(3) in the case of a lobbying firm, a good faith estimate of
the total amount of all income from the client (including any
payments to the registrant by any other person for lobbying
activities on behalf of the client) during the semiannual
period, other than income for matters that are unrelated to
lobbying activities; and
(4) in the case of a registrant engaged in lobbying
activities on its own behalf, a good faith estimate of the total
expenses that the registrant and its employees incurred in
connection with lobbying activities during the semiannual filing
period.
(c) Estimates of Income or Expenses.--For purposes of this section,
estimates of income or expenses shall be made as follows:
(1) Estimates of amounts in excess of $10,000 shall be
rounded to the nearest $20,000.
(2) In the event income or expenses do not exceed $10,000,
the registrant shall include a statement that income or expenses
totaled less than $10,000 for the reporting period.
(3) A registrant that reports lobbying expenditures pursuant
to section 6033(b)(8) of the Internal Revenue Code of 1986 may
satisfy the requirement to report income or expenses by filing
with the Secretary of the Senate and the Clerk of the House of
Representatives a copy of the form filed in accordance with
section 6033(b)(8).
SEC. 6. <<NOTE: 2 USC 1605.>> DISCLOSURE AND ENFORCEMENT.
The Secretary of the Senate and the Clerk of the House of
Representatives shall--
(1) provide guidance and assistance on the registration and
reporting requirements of this Act and develop common standards,
rules, and procedures for compliance with this Act;
(2) review, and, where necessary, verify and inquire to
ensure the accuracy, completeness, and timeliness of
registration and reports;
(3) develop filing, coding, and cross-indexing systems to
carry out the purpose of this Act, including--
(A) a publicly available list of all registered
lobbyists, lobbying firms, and their clients; and
(B) computerized systems designed to minimize the
burden of filing and maximize public access to materials
filed under this Act;
(4) make available for public inspection and copying at
reasonable times the registrations and reports filed under this
Act;
(5) retain registrations for a period of at least 6 years
after they are terminated and reports for a period of at least 6
years after they are filed;
(6) <<NOTE: Records.>> compile and summarize, with respect
to each semiannual period, the information contained in
registrations and reports filed with respect to such period in a
clear and complete manner;
(7) notify any lobbyist or lobbying firm in writing that may
be in noncompliance with this Act; and
(8) notify the United States Attorney for the District of
Columbia that a lobbyist or lobbying firm may be in
noncompliance with this Act, if the registrant has been notified
in writing and has failed to provide an appropriate response
within 60 days after notice was given under paragraph (7).
SEC. 7. <<NOTE: 2 USC 1606.>> PENALTIES.
Whoever knowingly fails to--
(1) remedy a defective filing within 60 days after notice of
such a defect by the Secretary of the Senate or the Clerk of the
House of Representatives; or
(2) comply with any other provision of this Act;
shall, upon proof of such knowing violation by a preponderance of the
evidence, be subject to a civil fine of not more than $50,000, depending
on the extent and gravity of the violation.
SEC. 8. <<NOTE: 2 USC 1607.>> RULES OF CONSTRUCTION.
(a) Constitutional Rights.--Nothing in this Act shall be construed
to prohibit or interfere with--
(1) the right to petition the Government for the redress of
grievances;
(2) the right to express a personal opinion; or
(3) the right of association,
protected by the first amendment to the Constitution.
(b) Prohibition of Activities.--Nothing in this Act shall be
construed to prohibit, or to authorize any court to prohibit, lobbying
activities or lobbying contacts by any person or entity, regardless of
whether such person or entity is in compliance with the requirements of
this Act.
(c) Audit and Investigations.--Nothing in this Act shall be
construed to grant general audit or investigative authority to the
Secretary of the Senate or the Clerk of the House of Representatives.
SEC. 9. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.
The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.)
is amended--
(1) in section 1-- <<NOTE: 22 USC 611.>>
(A) by striking subsection (j);
(B) in subsection (o) by striking ``the
dissemination of political propaganda and any other
activity which the person engaging therein believes
will, or which he intends to, prevail upon,
indoctrinate, convert, induce, persuade, or in any other
way influence'' and inserting ``any activity that the
person engaging in believes will, or that the person
intends to, in any way influence'';
(C) in subsection (p) by striking the semicolon and
inserting a period; and
(D) by striking subsection (q);
(2) in section 3(g) (22 U.S.C. 613(g)), by striking
``established agency proceedings, whether formal or informal.''
and inserting ``judicial proceedings, criminal or civil law
enforcement inquiries, investigations, or proceedings, or agency
proceedings required by statute or regulation to be conducted on
the record.'';
(3) in section 3 (22 U.S.C. 613) by adding at the end the
following:
``(h) Any agent of a person described in section 1(b)(2) or an
entity described in section 1(b)(3) if the agent is required to register
and does register under the Lobbying Disclosure Act of 1995 in
connection with the agent's representation of such person or entity.'';
(4) in section 4(a) (22 U.S.C. 614(a))--
(A) by striking ``political propaganda'' and
inserting ``informational materials''; and
(B) by striking ``and a statement, duly signed by or
on behalf of such an agent, setting forth full
information as to the places, times, and extent of such
transmittal'';
(5) in section 4(b) (22 U.S.C. 614(b))--
(A) in the matter preceding clause (i), by striking
``political propaganda'' and inserting ``informational
materials''; and
(B) by striking ``(i) in the form of prints, or''
and all that follows through the end of the subsection
and inserting ``without placing in such informational
materials a conspicuous statement that the materials are
distributed by the agent on behalf of the foreign
principal, and that additional information is on file
with the Department of Justice, Washington, District of
Columbia. The Attorney General may by rule define what
constitutes a conspicuous statement for the purposes of
this subsection.'';
(6) in section 4(c) (22 U.S.C. 614(c)), by striking
``political propaganda'' and inserting ``informational
materials'';
(7) in section 6 (22 U.S.C. 616)--
(A) in subsection (a) by striking ``and all
statements concerning the distribution of political
propaganda'';
(B) in subsection (b) by striking ``, and one copy
of every item of political propaganda''; and
(C) in subsection (c) by striking ``copies of
political propaganda,''; and
(8) in section 8 (22 U.S.C. 618)--
(A) in subsection (a)(2) by striking ``or in any
statement under section 4(a) hereof concerning the
distribution of political propaganda''; and
(B) by striking subsection (d).
SEC. 10. AMENDMENTS TO THE BYRD AMENDMENT.
(a) Revised Certification Requirements.--Section 1352(b) of title
31, United States Code, is amended--
(1) in paragraph (2) by striking subparagraphs (A), (B), and
(C) and inserting the following:
``(A) the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on
behalf of the person with respect to that Federal
contract, grant, loan, or cooperative agreement; and
``(B) a certification that the person making the
declaration has not made, and will not make, any payment
prohibited by subsection (a).'';
(2) in paragraph (3) by striking all that follows ``loan
shall contain'' and inserting ``the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on behalf of the person in connection with that loan
insurance or guarantee.''; and
(3) by striking paragraph (6) and redesignating paragraph
(7) as paragraph (6).
(b) Removal of Obsolete Reporting Requirement.--Section 1352 of
title 31, United States Code, is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
SEC. 11. REPEAL OF CERTAIN LOBBYING PROVISIONS.
(a) Repeal of the Federal Regulation of Lobbying Act.--The Federal
Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is repealed.
(b) Repeal of Provisions Relating to Housing Lobbyist Activities.--
(1) Section 13 of the Department of Housing and Urban
Development Act (42 U.S.C. 3537b) is repealed.
(2) Section 536(d) of the Housing Act of 1949 (42 U.S.C.
1490p(d)) is repealed.
SEC. 12. CONFORMING AMENDMENTS TO OTHER STATUTES.
(a) Amendment to Competitiveness Policy Council Act.--Section
5206(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e)) is
amended by inserting ``or a lobbyist for a foreign entity (as the terms
`lobbyist' and `foreign entity' are defined under section 3 of the
Lobbying Disclosure Act of 1995)'' after ``an agent for a foreign
principal''.
(b) Amendments to Title 18, United States Code.--Section 219(a) of
title 18, United States Code, is amended--
(1) by inserting ``or a lobbyist required to register under
the Lobbying Disclosure Act of 1995 in connection with the
representation of a foreign entity, as defined in section 3(6)
of that Act'' after ``an agent of a foreign principal required
to register under the Foreign Agents Registration Act of 1938'';
and
(2) by striking out ``, as amended,''.
(c) Amendment to Foreign Service Act of 1980.--Section 602(c) of the
Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by inserting
``or a lobbyist for a foreign entity (as defined in section 3(6) of the
Lobbying Disclosure Act of 1995)'' after ``an agent of a foreign
principal (as defined by section 1(b) of the Foreign Agents Registration
Act of 1938)''.
SEC. 13. <<NOTE: 2 USC 1608.>> SEVERABILITY.
If any provision of this Act, or the application thereof, is held
invalid, the validity of the remainder of this Act and the application
of such provision to other persons and circumstances shall not be
affected thereby.
SEC. 14. <<NOTE: 2 USC 1609.>> IDENTIFICATION OF CLIENTS AND COVERED
OFFICIALS.
(a) Oral Lobbying Contacts.--Any person or entity that makes an oral
lobbying contact with a covered legislative branch official or a covered
executive branch official shall, on the request of the official at the
time of the lobbying contact--
(1) state whether the person or entity is registered under
this Act and identify the client on whose behalf the lobbying
contact is made; and
(2) state whether such client is a foreign entity and
identify any foreign entity required to be disclosed under
section 4(b)(4) that has a direct interest in the outcome of the
lobbying activity.
(b) Written Lobbying Contacts.--Any person or entity registered
under this Act that makes a written lobbying contact (including an
electronic communication) with a covered legislative branch official or
a covered executive branch official shall--
(1) if the client on whose behalf the lobbying contact was
made is a foreign entity, identify such client, state that the
client is considered a foreign entity under this Act, and state
whether the person making the lobbying contact is registered on
behalf of that client under section 4; and
(2) identify any other foreign entity identified pursuant to
section 4(b)(4) that has a direct interest in the outcome of the
lobbying activity.
(c) Identification as Covered Official.--Upon request by a person or
entity making a lobbying contact, the individual who is contacted or the
office employing that individual shall indicate whether or not the
individual is a covered legislative branch official or a covered
executive branch official.
SEC. 15. <<NOTE: 2 USC 1610.>> ESTIMATES BASED ON TAX REPORTING SYSTEM.
(a) Entities Covered by Section 6033(b) of the Internal Revenue Code
of 1986.--A registrant that is required to report and does report
lobbying expenditures pursuant to section 6033(b)(8) of the Internal
Revenue Code of 1986 may--
(1) make a good faith estimate (by category of dollar value)
of applicable amounts that would be required to be disclosed
under such section for the appropriate semiannual period to meet
the requirements of sections 4(a)(3) and 5(b)(4); and
(2) in lieu of using the definition of ``lobbying
activities'' in section 3(7) of this Act, consider as lobbying
activities only those activities that are influencing
legislation as defined in section 4911(d) of the Internal
Revenue Code of 1986.
(b) Entities Covered by Section 162(e) of the Internal Revenue Code
of 1986.--A registrant that is subject to section 162(e) of the Internal
Revenue Code of 1986 may--
(1) make a good faith estimate (by category of dollar value)
of applicable amounts that would not be deductible pursuant to
such section for the appropriate semiannual period to meet the
requirements of sections 4(a)(3) and 5(b)(4); and
(2) in lieu of using the definition of ``lobbying
activities'' in section 3(7) of this Act, consider as lobbying
activities only those activities, the costs of which are not
deductible pursuant to section 162(e) of the Internal Revenue
Code of 1986.
(c) Disclosure of Estimate.--Any registrant that elects to make
estimates required by this Act under the procedures authorized by
subsection (a) or (b) for reporting or threshold purposes shall--
(1) inform the Secretary of the Senate and the Clerk of the
House of Representatives that the registrant has elected to make
its estimates under such procedures; and
(2) make all such estimates, in a given calendar year, under
such procedures.
(d) Study.--Not later than March 31, 1997, the Comptroller General
of the United States shall review reporting by registrants under
subsections (a) and (b) and report to the Congress--
(1) the differences between the definition of ``lobbying
activities'' in section 3(7) and the definitions of ``lobbying
expenditures'', ``influencing legislation'', and related terms
in sections 162(e) and 4911 of the Internal Revenue Code of
1986, as each are implemented by regulations;
(2) the impact that any such differences may have on filing
and reporting under this Act pursuant to this subsection; and
(3) any changes to this Act or to the appropriate sections
of the Internal Revenue Code of 1986 that the Comptroller
General may recommend to harmonize the definitions.
SEC. 16. REPEAL OF THE RAMSPECK ACT.
(a) Repeal.--Subsection (c) of section 3304 of title 5, United
States Code, is repealed.
(b) Redesignation.--Subsection (d) of section 3304 of title 5,
United States Code, is redesignated as subsection (c).
(c) <<NOTE: 5 USC 3304 note.>> Effective Date.--The repeal and
amendment made by this section shall take effect 2 years after the date
of the enactment of this Act.
SEC. 17. EXCEPTED SERVICE AND OTHER EXPERIENCE CONSIDERATIONS FOR
COMPETITIVE SERVICE APPOINTMENTS.
(a) In General.--Section 3304 of title 5, United States Code (as
amended by section 2 of this Act) is further amended by adding at the
end thereof the following new subsection:
``(d) <<NOTE: Regulations.>> The Office of Personnel Management
shall promulgate regulations on the manner and extent that experience of
an individual in a position other than the competitive service, such as
the excepted service (as defined under section 2103) in the legislative
or judicial branch, or in any private or nonprofit enterprise, may be
considered in making appointments to a position in the competitive
service (as defined under section 2102). In promulgating such
regulations OPM shall not grant any preference based on the fact of
service in the legislative or judicial branch. The regulations shall be
consistent with the principles of equitable competition and merit based
appointments.''.
(b) <<NOTE: 5 USC 3304 note.>> Effective Date.--The amendment made
by this section shall take effect 2 years after the date of the
enactment of this Act, except the Office of Personnel Management shall--
(1) conduct a study on excepted service considerations for
competitive service appointments relating to such amendment; and
(2) take all necessary actions for the regulations described
under such amendment to take effect as final regulations on the
effective date of this section.
SEC. 18. <<NOTE: 2 USC 1611.>> EXEMPT ORGANIZATIONS.
An organization described in section 501(c)(4) of the Internal
Revenue Code of 1986 which engages in lobbying activities shall not be
eligible for the receipt of Federal funds constituting an award, grant,
contract, loan, or any other form.
SEC. 19. AMENDMENT TO THE FOREIGN AGENTS REGISTRATION ACT (P.L.
75-583).
Strike section 11 of the Foreign Agents Registration Act of
1938, <<NOTE: 22 USC 621.>> as amended, and insert in lieu thereof the
following:
``Section 11. Reports to the Congress.--The Attorney General shall
every six months report to the Congress concerning administration of
this Act, including registrations filed pursuant to the Act, and the
nature, sources and content of political propaganda disseminated and
distributed.''.
SEC. 20. DISCLOSURE OF THE VALUE OF ASSETS UNDER THE ETHICS IN
GOVERNMENT ACT OF 1978.
(a) Income.--Section 102(a)(1)(B) of the Ethics in Government Act of
1978 <<NOTE: 5 USC app. 102.>> is amended--
(1) in clause (vii) by striking ``or''; and
(2) by striking clause (viii) and inserting the following:
``(viii) greater than $1,000,000 but not more than
$5,000,000, or
``(ix) greater than $5,000,000.''.
(b) Assets and Liabilities.--Section 102(d)(1) of the Ethics in
Government Act of 1978 is amended--
(1) in subparagraph (F) by striking ``and''; and
(2) by striking subparagraph (G) and inserting the
following:
``(G) greater than $1,000,000 but not more than
$5,000,000;
``(H) greater than $5,000,000 but not more than
$25,000,000;
``(I) greater than $25,000,000 but not more than
$50,000,000; and
``(J) greater than $50,000,000.''.
(c) Exception.--Section 102(e)(1) of the Ethics in Government Act of
1978 is amended by adding after subparagraph (E) the following:
``(F) For purposes of this section, categories with
amounts or values greater than $1,000,000 set forth in
sections 102(a)(1)(B) and 102(d)(1) shall apply to the
income, assets, or liabilities of spouses and dependent
children only if the income, assets, or liabilities are
held jointly with the reporting individual. All other
income, assets, or liabilities of the spouse or
dependent children required to be reported under this
section in an amount or value greater than $1,000,000
shall be categorized only as an amount or value greater
than $1,000,000.''.
SEC. 21. BAN ON TRADE REPRESENTATIVE REPRESENTING OR ADVISING
FOREIGN ENTITIES.
(a) Representing after Service.--Section 207(f)(2) of title 18,
United States Code, is amended by--
(1) inserting ``or Deputy United States Trade
Representative'' after ``is the United States Trade
Representative''; and
(2) striking ``within 3 years'' and inserting ``at any
time''.
(b) Limitation on Appointment as United States Trade Representative
and Deputy United States Trade Representative.--Section 141(b) of the
Trade Act of 1974 (19 U.S.C. 2171(b)) is amended by adding at the end
the following new paragraph:
``(3) Limitation on appointments.--A person who has directly
represented, aided, or advised a foreign entity (as defined by
section 207(f)(3) of title 18, United States Code) in any trade
negotiation, or trade dispute, with the United States may not be
appointed as United States Trade Representative or as a Deputy
United States Trade Representative.''.
(c) <<NOTE: 18 USC 207 note.>> Effective Date.--The amendments made
by this section shall apply with respect to an individual appointed as
United States Trade Representative or as a Deputy United States Trade
Representative on or after the date of enactment of this Act.
SEC. 22. FINANCIAL DISCLOSURE OF INTEREST IN QUALIFIED BLIND
TRUST.
(a) In General.--Section 102(a) of the Ethics in Government Act of
1978 <<NOTE: 5 USC app. 102.>> is amended by adding at the end thereof
the following:
``(8) The category of the total cash value of any interest
of the reporting individual in a qualified blind trust, unless
the trust instrument was executed prior to July 24, 1995 and
precludes the beneficiary from receiving information on the
total cash value of any interest in the qualified blind
trust.''.
(b) Conforming Amendment.--Section 102(d)(1) of the Ethics in
Government Act of 1978 is amended by striking ``and (5) and inserting
``(5), and (8)''.
(c) <<NOTE: 5 USC app. 102 note.>> Effective Date.--The amendment
made by this section shall apply with respect to reports filed under
title I of the Ethics in Government Act of 1978 for calendar year 1996
and thereafter.
SEC. 23. <<NOTE: 2 USC 1612.>> SENSE OF THE SENATE THAT LOBBYING
EXPENSES SHOULD REMAIN NONDEDUCTIBLE.
(a) Findings.--The Senate finds that ordinary Americans generally
are not allowed to deduct the costs of communicating with their elected
representatives.
(b) Sense of the Senate.--It is the sense of the Senate that
lobbying expenses should not be tax deductible.
SEC. 24. <<NOTE: 2 USC 1601 note.>> EFFECTIVE DATES.
(a) Except as otherwise provided in this section, this Act and the
amendments made by this Act shall take effect on January 1, 1996.
(b) The repeals and amendments made under sections 9, 10, 11, and 12
shall take effect as provided under subsection (a), except that such
repeals and amendments--
(1) shall not affect any proceeding or suit commenced before
the effective date under subsection (a), and in all such
proceedings or suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and with the same
effect as if this Act had not been enacted; and
(2) shall not affect the requirements of Federal agencies to
compile, publish, and retain information filed or received
before the effective date of such repeals and amendments.
Approved December 19, 1995.
LEGISLATIVE HISTORY--S. 1060 (H.R. 2564) (S. 101):
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HOUSE REPORTS: No. 104-339, Pt. 1, accompanying H.R. 2564 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 141 (1995):
July 24, 25, considered and passed Senate.
Nov. 16, 28, 29, H.R. 2564 considered and passed House; S.
1060 passed in lieu.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
Nov. 19, Presidential statement.
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